Common use of Discharge of Lien Clause in Contracts

Discharge of Lien. If the Issuer shall pay or cause to be paid to the holders and owners of the Bonds the principal of and premium, if any, and interest to become due thereon at the times and in the manner stipulated therein, and if the Issuer shall keep, perform and observe all and singular the covenants and promises in the Bonds and in this Indenture expressed as to be kept, performed and observed by it on its part and shall pay or cause to be paid all other sums payable hereunder by the Issuer, and all amounts due the Issuer under the Loan Agreement have been paid, then these presents and the estate and rights hereby granted shall cease, terminate and be void, and thereupon the Trustee shall cancel and discharge the lien of this Indenture, and execute and deliver to the Issuer such instruments in writing as shall be requisite to satisfy the lien hereof, and reconvey to the Issuer the estate hereby conveyed, and assign and deliver to the Issuer any property at the time subject to the lien of this Indenture which may then be in its possession, except moneys or Government Securities held by it for the payment of the principal of and premium, if any, and interest on the Bonds. Any Bond shall be deemed to be paid within the meaning of this Article when payment of the principal of and premium, if any, and interest on such Bond (whether at maturity or upon redemption as provided in this Indenture, or otherwise), either (a) shall have been made or caused to be made in accordance with the terms thereof, or (b) shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set aside exclusively for such payment, (i) moneys sufficient to make such payment or (ii) Government Securities (provided that in either case the Trustee shall have received an opinion of Bond Counsel to the effect that such deposit will not affect the exclusion of the interest on any of the Bonds from gross income for purposes of federal income taxation or cause any of the Bonds to be treated as arbitrage bonds within the meaning of Section 148(a) of the Code) maturing as to principal and interest in such amounts and at such times as will provide sufficient moneys to make such payment when due, and all necessary and proper fees, compensation and expenses of the Trustee and any Paying Agent pertaining to the Bonds with respect to which such deposit is made and all other liabilities of the Company under the Loan Agreement, pertaining to the Bonds with respect to which such deposit is made, shall have been paid or the payment thereof provided for to the satisfaction of the Trustee. No deposit under (b) above shall constitute such discharge and satisfaction until the Company shall have irrevocably notified the Trustee of the date for payment of such Bond either at maturity or on a date on which such Bond may be redeemed in accordance with the provisions hereof and notice of such redemption shall have been given or irrevocable provisions shall have been made for the giving of such notice. The Issuer or the Company may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered hereunder, which the Issuer or the Company may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired.

Discharge of Lien. If the Issuer Authority shall pay or cause to be paid to the holders and owners of the Bonds the principal of and premium, if any, and interest to become due thereon at the times and in the manner stipulated therein, and if the Issuer Authority shall keep, perform and observe all and singular the covenants and promises in the Bonds and in this Indenture expressed as to be kept, performed and observed by it on its part and shall pay or cause to be paid all other sums payable hereunder by the IssuerAuthority, and all amounts due the Issuer Authority under the Loan Agreement have been paid, then these presents and the estate and rights hereby granted shall cease, terminate and be void, and thereupon the Trustee shall cancel and discharge the lien of this Indenture, and execute and deliver to the Issuer Authority such instruments in writing as shall be requisite to satisfy the lien hereof, and reconvey to the Issuer Authority the estate hereby conveyed, and assign and deliver to the Issuer Authority any property at the time subject to the lien of this Indenture which may then be in its possession, except moneys or Government Securities held by it for the payment of the principal of and premium, if any, and interest on the Bonds. Any Bond shall be deemed to be paid within the meaning of this Article when payment of the principal of and premium, if any, and interest on such Bond (whether at maturity or upon redemption as provided in this Indenture, or otherwise), either (a) shall have been made or caused to be made in accordance with the terms thereof, or (b) shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set aside exclusively for such payment, (i) moneys sufficient to make such payment or (ii) Government Securities (provided that in either case the Trustee shall have received an opinion of Bond Counsel to the effect that such deposit will not affect the exclusion of the interest on any of the Bonds from gross income for purposes of federal income taxation or cause any of the Bonds to be treated as arbitrage bonds within the meaning of Section 148(a) of the Code) maturing as to principal and interest in such amounts and at such times as will provide sufficient moneys to make such payment when due, and all necessary and proper fees, compensation and expenses of the Trustee and any Paying Agent pertaining to the Bonds with respect to which such deposit is made and all other liabilities of the Company under the Loan Agreement, pertaining to the Bonds with respect to which such deposit is made, shall have been paid or the payment thereof provided for to the satisfaction of the Trustee. No deposit under (b) above shall constitute such discharge and satisfaction until the Company shall have irrevocably notified the Trustee of the date for payment of such Bond either at maturity or on a date on which such Bond may be redeemed in accordance with the provisions hereof and notice of such redemption shall have been given or irrevocable provisions shall have been made for the giving of such notice, and in the case of a deposit of Government Securities in accordance with (b)(ii) above more than 90 days prior to such date of payment, unless the Trustee shall have received either (i) a verification report of an independent certified public accountant, verification agent or similar expert to the effect that such Government Securities, together with cash, if any, so deposited, and the earnings thereon, will be sufficient to pay the principal or redemption price of and interest on the Bond so deemed paid to and including the date of such payment or (ii) an opinion of Bond Counsel to the effect that all conditions precedent in this Indenture for the release of this Indenture with respect to such Bond have been complied with and satisfied. The Issuer Authority or the Company may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered hereunder, which the Issuer Authority or the Company may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired.

Discharge of Lien. If the Issuer Mortgagor shall pay or cause to be paid paid, or there shall otherwise be paid, to the holders and owners of the Bonds the principal of and premium, if any, and interest to become due thereon at the times and in the manner stipulated therein, and if the Issuer shall keep, perform and observe Mortgagee all and singular the covenants and promises in the Bonds and in this Indenture expressed as to be kept, performed and observed by it on its part and shall pay or cause amounts required to be paid all other sums payable hereunder by Mortgagor pursuant to the Issuer, this Mortgage and all amounts due Obligations pursuant to the Issuer under Debt Documents, including, without limitation, the Loan Agreement Mortgage Notes and the Guarantee, shall have been paidsatisfied and (a) the conditions precedent for the Trust Indenture to cease, determine and become null and void (except for any surviving rights of transfer or exchange of the Mortgage Notes provided in the Trust Indenture and for the obligation to pay the Trustee's fees and expenses provided in Section 8.7 of the Trust Indenture) in accordance with Article Nine of the Trust Indenture shall have occurred, or (b) there shall have occurred a Legal Defeasance (as defined in Section 9.2 of the Trust Indenture) of the Mortgage Notes, or (c) there shall have occurred a Covenant Defeasance (as defined in Section 9.3 of the Trust Indenture), then these presents and the estate and rights hereby granted in any such case Mortgagee shall cease, terminate and be void, and thereupon the Trustee shall promptly cancel and discharge the lien of Mortgage Documents, including, without limitation, this IndentureMortgage, and any financing statements filed in connection herewith and execute and deliver to the Issuer Mortgagor all such instruments in writing as shall may be requisite necessary, required or appropriate to satisfy evidence such discharge and satisfaction of said Lien or Liens. In connection with the lien hereof, disposition of all or any portion of the Trust Estate free and reconvey to clear of the Issuer the estate hereby conveyed, and assign and deliver to the Issuer any property at the time subject to the lien Lien of this Indenture which may then be in its possession, except moneys or Government Securities held by it for the payment of the principal of and premium, if any, and interest on the Bonds. Any Bond shall be deemed to be paid within the meaning of this Article when payment of the principal of and premium, if any, and interest on such Bond (whether at maturity or upon redemption as provided in this Indenture, or otherwise), either (a) shall have been made or caused to be made Mortgage in accordance with the terms thereofof Section 4.3 of the Trust Indenture, Mortgagee shall promptly execute and deliver to Mortgagor all such instruments as may be necessary, required or (b) appropriate to evidence the release of such portion of the Trust Estate from the Lien of this Mortgage. Upon such release, the terms, conditions and obligations hereunder shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set aside exclusively for such payment, (i) moneys sufficient to make such payment or (ii) Government Securities (provided that in either case the Trustee shall have received an opinion of Bond Counsel no longer apply to the effect that such deposit will not affect the exclusion portion of the interest on any of the Bonds from gross income for purposes of federal income taxation or cause any of the Bonds to be treated as arbitrage bonds within the meaning of Section 148(a) of the Code) maturing as to principal and interest in such amounts and at such times as will provide sufficient moneys to make such payment when due, Trust Estate so released and all necessary and proper fees, compensation and expenses of the Trustee and any Paying Agent pertaining to the Bonds with respect to which such deposit is made and all other liabilities of the Company under the Loan Agreement, pertaining to the Bonds with respect to which such deposit is made, shall have been paid or the payment thereof provided for to the satisfaction of the Trustee. No deposit under (b) above shall constitute such discharge and satisfaction until the Company shall have irrevocably notified the Trustee of the date for payment of such Bond either at maturity or on a date on which such Bond may be redeemed in accordance with the provisions hereof and notice of such redemption shall have been given or irrevocable provisions shall have been made for the giving of such notice. The Issuer or the Company may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered hereunder, which the Issuer or the Company may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, defined terms hereunder shall be deemed to be paid and retiredappropriately modified.

Discharge of Lien. If the Issuer shall pay or cause to be paid to the holders and owners of the Bonds the principal of and premium, if any, and interest to become due thereon at the times and in the manner stipulated therein, and if the Issuer shall keep, perform and observe all and singular the covenants and promises in the Bonds and in this Indenture expressed as to be kept, performed and observed by it on its part and shall pay or cause to be paid all other sums payable hereunder by the Issuer, and all amounts due the Issuer under the Loan Agreement have been paid, then these presents and the estate and rights hereby granted shall cease, terminate and be void, and thereupon the Trustee shall cancel and discharge the lien of this Indenture, and execute and deliver to the Issuer such instruments in writing as shall be requisite to satisfy the lien hereof, and reconvey to the Issuer the estate hereby conveyed, and assign and deliver to the Issuer any property at the time subject to the lien of this Indenture which may then be in its possession, except moneys or Government Securities held by it for the payment of the principal of and premium, if any, and interest on the Bonds. Any Bond shall be deemed to be paid within the meaning of this Article when payment of the principal of and premium, if any, and interest on such Bond (whether at maturity or upon redemption as provided in this Indenture, or otherwise), either (a) shall have been made or caused to be made in accordance with the terms thereof, or (b) shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set aside exclusively for such payment, (i) moneys sufficient to make such payment or (ii) Government Securities (provided that in either case the Trustee shall have received an opinion of Bond Counsel to the effect that such deposit will not affect the exclusion of the interest on any of the Bonds from gross income for purposes of federal income taxation or cause any of the Bonds to be treated as arbitrage bonds within the meaning of Section 148(a) of the Code) maturing as to principal and interest in such amounts and at such times as will provide sufficient moneys to make such payment when due, and all necessary and proper fees, compensation and expenses of the Trustee and any Paying Agent pertaining to the Bonds with respect to which such deposit is made and all other liabilities of the Company under the Loan Refunding Agreement, pertaining to the Bonds with respect to which such deposit is made, shall have been paid or the payment thereof provided for to the satisfaction of the Trustee. No deposit under (b) above shall constitute such discharge and satisfaction until the Company shall have irrevocably notified the Trustee of the date for payment of such Bond either at maturity or on a date on which such Bond may be redeemed in accordance with the provisions hereof and notice of such redemption shall have been given or irrevocable provisions shall have been made for the giving of such notice. The Issuer or the Company may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered hereunder, which the Issuer or the Company may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired.

Discharge of Lien. If the Issuer shall pay or cause to be paid paid, in accordance with the provisions of this Indenture, to the holders and owners Owners of the Bonds Notes, the principal of and of, premium, if any, and interest due or to become due thereon at the times and in the manner stipulated therein, and if the Issuer shall keep, perform and observe all and singular not then be in Default in any of the other covenants and promises in the Bonds Notes and in this Indenture expressed as to be kept, performed and observed by it or on its part part, and if the Issuer shall pay or cause to be paid to the Trustee all other sums payable hereunder by of money due or to become due according to the Issuerprovisions hereof then, and all amounts due the Issuer under the Loan Agreement have been paid, then these presents and the estate and rights hereby granted shall cease, terminate determine and be void, and thereupon whereupon the Trustee shall cancel and discharge the lien of this Indenture, and execute and deliver to the Issuer such instruments in writing as shall be requisite to satisfy release the lien hereof, and reconvey to the Issuer the estate hereby conveyedreconvey, and release, assign and deliver to unto the Issuer any and all of the estate, right, title and interest in and to any and all rights or property at conveyed, assigned or pledged to the time Trustee or otherwise subject to the lien of this Indenture which may then be in its possessionIndenture, except moneys amounts in the Note Fund or Government Securities Project Fund required to be paid to the Bank and the Company under Section 512 hereof and except cash held by it the Trustee for the payment of the principal of and or Purchase Price of, premium, if any, or interest on particular Notes. Notwithstanding the foregoing, if upon the payment of all Notes (other than Bank Notes) in accordance with the provisions of this Indenture, the Bank shall notify the Trustee that the Bank has not been paid in full all amounts payable to the Bank under the Credit Agreement, then the Trustee shall execute and deliver to the Bank such instruments in writing as shall be requisite to convey, assign and deliver unto the Bank any and all of the estate, right, title and interest of the Trustee in and to the Trust Estate, except for cash held by the Trustee for the payment of the principal or Purchase Price of, premium, if any, or interest on particular Notes. The following provisions of this Article shall apply only from and after the Bonds. later of the Conversion Date and the Letter of Credit Termination Date: Any Bond Note shall be deemed to be paid within the meaning of this Article and for all purposes of this Indenture when (a) payment of the principal of and premium, if any, and interest on such Bond Note, plus interest thereon to the due date thereof (whether at such due date is by reason of maturity or upon redemption as provided in this Indenture, or otherwise), herein) either (ai) shall have been made or caused to be made with Available Moneys in accordance with the terms thereof, or (bii) shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set aside exclusively for such payment, (i1) moneys Available Moneys sufficient to make such payment or (ii2) Government Securities (provided that in either case the Trustee shall have received an opinion of Bond Counsel to the effect that such deposit will not affect the exclusion of the interest on any of the Bonds from gross income for purposes of federal income taxation or cause any of the Bonds to be treated as arbitrage bonds within the meaning of Section 148(a) of the Code) Governmental Obligations purchased with Available Moneys maturing as to principal and interest in such amounts amount and at such times time as will provide insure the availability of sufficient moneys to make such payment when duepayment, and (b) all necessary and proper fees, compensation and expenses of the Trustee and any Paying Agent the Issuer pertaining to the Bonds Notes with respect to which such deposit is made and all other liabilities of the Company under the Loan Agreement, pertaining to the Bonds with respect to which such deposit is made, shall have been paid or the payment thereof provided for to the satisfaction of the Trustee. No deposit under (b) above shall constitute At such discharge and satisfaction until the Company shall have irrevocably notified the Trustee of the date for payment of such Bond either at maturity or on times as a date on which such Bond may be redeemed in accordance with the provisions hereof and notice of such redemption shall have been given or irrevocable provisions shall have been made for the giving of such notice. The Issuer or the Company may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered hereunder, which the Issuer or the Company may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, Note shall be deemed to be paid hereunder, as aforesaid, such Note shall no longer be secured by or entitled to the benefits of this Indenture, except for the purposes of any such payment from such Available Moneys or Governmental Obligations. Notwithstanding the foregoing, no deposit under clause (a)(ii) of the immediately preceding paragraph shall be deemed a payment of such Notes as aforesaid until (a) proper notice of redemption of such Notes shall have been previously given in accordance with Article III of this Indenture, or in the event said Notes are not by their terms subject to redemption within the next succeeding sixty (60) days, until the Company shall have given the Trustee on behalf of the Issuer, in form satisfactory to the Trustee, irrevocable instructions to notify, as soon as practicable, the Owners of the Notes, in accordance with Article III hereof, that the deposit required by (a)(ii) above has been made with the Trustee and retiredthat said Notes are deemed to have been paid in accordance with this Article and stating the maturity or redemption date upon which moneys are to be available for the payment of the principal of and the applicable redemption premium, if any, on said Notes, plus interest thereon to the due date thereof; or (b) the maturity of such Notes. All moneys so deposited with the Trustee as provided in this Article may also be invested and reinvested, at the direction of the Company, in Governmental Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from all Governmental Obligations in the hands of the Trustee pursuant to this Article which is not required for the payment of the Notes and interest and premium, if any, thereon with respect to which such moneys shall have been so deposited shall be deposited in the Note Fund as and when realized and collected for use and application as are other moneys deposited in the Note Fund. The Issuer hereby covenants that no deposit will knowingly be made which would cause the Notes to be treated as arbitrage bonds within the meaning of Section 103(c)(2) of the Code. Notwithstanding any provision of any other Article of this Indenture which may be contrary to the provisions of this Article, all moneys or Governmental Obligations set aside and held in trust pursuant to the provisions of this Article for the payment of Notes (including interest and premium thereon, if any) shall be applied to and used solely for the payment of the particular Notes "including the Purchase Price thereof and interest and premium thereon, if any) with respect to which such moneys or Governmental Obligations have been so set aside in trust. Anything in Article XI hereof to the contrary notwithstanding, if moneys or Governmental Obligations have been deposited or set aside with the Trustee pursuant to this Article for the payment of Notes and such Notes shall not have in fact been actually paid in full, no amendment to the provisions of this Article shall be made without the consent of the Owner of each Note affected thereby.

Discharge of Lien. If the Issuer Authority shall pay or cause to be paid, or there shall be otherwise paid or unconditional provisions for payment made to or for the holders and owners of the Bonds Bondholders, the principal of and premium, if any, and interest due or to become due thereon on the Bonds at the times and in the manner stipulated therein, and if the Issuer shall keep, perform and observe all and singular the covenants and promises in the Bonds and in this Indenture expressed as to be kept, performed and observed by it on its part and shall pay or cause to be paid to the Trustee and any paying agents, all other sums payable hereunder by the IssuerSecurity Instrument Issuers, and all amounts Reserve Instrument Providers all sums of money due or to become due according to the Issuer under the Loan Agreement have been paidprovisions hereof and any Supplemental Indenture (including any make whole interest payment or redemption premiums), then these presents and the estate and rights hereby granted shall cease, terminate and be void, and thereupon whereupon the Trustee shall cancel and discharge the lien of this the Indenture, and execute and deliver to the Issuer such instruments in writing as shall be requisite to satisfy the lien hereofrelease, and reconvey to the Issuer the estate hereby conveyed, and assign and deliver unto the Authority and the Board any and all the estate, right, title and interest in and to any and all rights assigned to the Issuer any property at the time Trustee or otherwise subject to the lien of this Indenture which may then be the Indenture, including amounts in its possessionthe Bond Fund and the Debt Service Reserve Fund and all rights granted under the Security Documents, except moneys or Government Securities securities held by it the Trustee for the payment of the principal of and premium, if any, and interest on the Bonds. Any Bond shall be deemed to be paid within the meaning of this Article and for all purposes of the Indenture when (a) payment of the principal of and the applicable redemption premium, if any, and interest on such Bond Bond, plus interest thereon to the due date thereof (whether at such due date be by reason of maturity or upon redemption as provided in this the Indenture, or otherwise), either (ai) shall have been made or caused to be made in accordance with the terms thereof, or (bii) shall have been provided for by irrevocably depositing with or for the benefit of the Trustee, in trust trust, and the Trustee shall have irrevocably set aside exclusively for such payment, (i1) moneys sufficient to make such payment or payment, and/or (ii2) Government Securities (provided that in either case the Trustee shall have received an opinion of Bond Counsel to the effect that such deposit will not affect the exclusion of the interest on any of the Bonds from gross income for purposes of federal income taxation or cause any of the Bonds to be treated as arbitrage bonds within the meaning of Section 148(a) of the Code) Direct Obligations maturing as to principal and interest in such amounts amount and at such times as will provide insure, without reinvestment, the availability of sufficient moneys to make such payment when dueas verified by a certified public accountant, and (b) all necessary and proper fees, compensation and expenses of the Trustee and any Paying Agent paying agents pertaining to the Bonds with respect to which such deposit is made and all other liabilities of the Company under the Loan Agreement, pertaining to the Bonds with respect to which such deposit is made, shall have been paid or the payment thereof provided for to the satisfaction of the Trustee. No deposit under (b) above shall constitute At such discharge and satisfaction until the Company shall have irrevocably notified the Trustee of the date for payment of such time as a Bond either at maturity or on a date on which such Bond may be redeemed in accordance with the provisions hereof and notice of such redemption shall have been given or irrevocable provisions shall have been made for the giving of such notice. The Issuer or the Company may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered hereunder, which the Issuer or the Company may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits of the Indenture, except for the purposes of any such payment from such moneys or Direct Obligations. Notwithstanding the foregoing, no deposit under clause (a)(ii) of the immediately preceding paragraph shall be deemed a payment of such Bonds as aforesaid until: (a) proper notice of redemption of such Bonds shall have been previously given in accordance with Article III of this General Indenture, or in the event said Bonds are not by their terms subject to redemption within the next succeeding sixty days, until the Authority shall have given the Trustee, in form satisfactory to the Trustee, irrevocable instructions to notify, as soon as practicable, the Bondholders of the Bonds, in accordance with Article III hereof, that the deposit required by (a)(ii) above has been made with or for the benefit of the Trustee and retiredthat said Bonds are deemed to have been paid in accordance with this Article VIII, and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal or redemption price, if applicable, on said Bonds and to call for redemption pursuant to the Indenture any Bonds to be redeemed prior to maturity; or (b) the maturity of such Bonds. All moneys so deposited with or for the benefit of the Trustee as provided in this Article VIII may at the direction of the Authority also be invested and reinvested in Direct Obligations, maturing in the amounts and at times as hereinbefore set forth, and all income from all Direct Obligations pursuant to this Article VIII which is not required for the payment of the Bonds and interest and premium, if any, thereon with respect to which such moneys shall have been so deposited, shall be deposited in the Bond Fund as and when realized and collected for use and application as are other moneys deposited in that fund. The Authority hereby covenants that no deposit will be made hereunder and no use made of any such deposit which would cause the Tax-Exempt Bonds to be treated as arbitrage bonds within the meaning of Section 148 of the Code. Notwithstanding any provision of any other Article of the Indenture which may be contrary to the provisions of this Article, all moneys or Direct Obligations set aside and held in trust pursuant to the provisions of this Article VIII for the payment of Bonds (including interest and premium thereon, if any) shall be applied to and used solely for the payment of the particular Bonds (including interest and premium thereof, if any) with respect to which such moneys and Direct Obligations have been so set aside in trust.

Discharge of Lien. If the Issuer Governmental Lender shall pay or cause to be paid to the holders Funding Lender the principal, interest, and owners of the Bonds the principal of and premiumPrepayment Premium, if any, and interest to become due thereon with respect to the Funding Loans at the times and in the manner stipulated thereinherein and in the Governmental Notes, in any one or more of the following ways: by the payment of all unpaid principal of (including Prepayment Premium, if any) and interest on the Funding Loans; or after the Conversion Date (or, if the Conversion Date does not occur, the latest date on which Conversion was permitted to occur under the Construction Phase Financing Agreement) and prior to the Window Period, by the deposit to the account of the Fiscal Agent, in trust, of money or securities in the necessary amount to pay the principal, Prepayment Premium and interest to the Maturity Date; or by the delivery of the Governmental Notes by the Funding Lender to the Fiscal Agent for cancellation; and shall have paid all amounts due and owing under the other Financing Documents, and shall have paid all fees and expenses of and any other amounts due to the Fiscal Agent, the Servicer and the Rebate Analyst, and if the Issuer Governmental Lender shall keep, perform and observe all and singular the covenants and promises in the Bonds Governmental Notes and in this Indenture Funding Loan Agreement expressed as to be kept, performed performed, and observed by it or on its part and shall pay or cause to be paid all other sums payable hereunder by the Issuer, and all amounts due the Issuer under the Loan Agreement have been paidpart, then these presents and the estate estates and rights hereby granted shall cease, terminate determine and be void, and thereupon the Trustee Fiscal Agent shall cancel and discharge the lien of this Indenture, Funding Loan Agreement and execute and deliver to the Issuer Governmental Lender such instruments in writing as shall be requisite to satisfy the lien hereof, and reconvey to the Issuer Governmental Lender the estate hereby conveyed, and assign and deliver to the Issuer Governmental Lender any interest in property at the time subject to the lien of this Indenture Funding Loan Agreement which may then be in its possession, except moneys or Government Securities amounts held by it the Fiscal Agent for the payment of the principal of of, interest, and premiumPrepayment Premium, if any, and interest on the BondsGovernmental Notes, the payment of any amounts owed to the United States of America pursuant to Section 4.12 hereof. Any Bond shall After the Conversion Date (or, if the Conversion Date does not occur, the latest date on which Conversion was permitted to occur under the Construction Phase Financing Agreement) and prior to the Window Period and subject to the satisfaction of the conditions set forth in Section 4.04(c) of the Project Loan Agreement, the Funding Loans shall, prior to the Maturity Date, be deemed to be have been paid within the meaning and with the effect expressed in the first paragraph of this Article Section 9.01 based on a deposit of moneys or securities with the Fiscal Agent pursuant to Section 9.01(b) if, under circumstances which do not cause interest on the Tax-Exempt Governmental Notes to become includable in the holders’ gross income for purposes of federal income taxation, the following conditions shall have been fulfilled: (a) there shall be on deposit with the Fiscal Agent either money or noncallable and nonprepayable direct obligations of the United States of America (or other defeasance securities constituting Qualified Investments approved in writing by the Funding Lender Representative) in an amount, together with anticipated earnings thereon (but not including any reinvestment of such earnings), which will be sufficient to pay, when due, the principal and interest due and to become due on the Funding Loans up to and on the Maturity Date; (b) the Fiscal Agent shall have received a verification report of a firm of certified public accountants or financial analyst reasonably acceptable to the Fiscal Agent and the Funding Lender Representative as to the adequacy of the amounts or securities so deposited to fully pay the Funding Loans; (c) the Fiscal Agent and the Funding Lender Representative shall have received a written opinion of nationally recognized counsel experienced in bankruptcy matters to the effect that if the Borrower, any general partner, member or guarantor of the Borrower, or the Governmental Lender were to become a debtor in a proceeding under the Bankruptcy Code (x) payment of such money to the Funding Lender would not constitute a voidable preference under Section 547 of the Bankruptcy Code and (y) the automatic stay provisions of Section 362(a) of the Bankruptcy Code would not prevent application of such money to the payment of the principal of Funding Loans; (d) the Fiscal Agent and premium, if any, and interest on such Bond (whether at maturity or upon redemption as provided in this Indenture, or otherwise), either (a) shall have been made or caused to be made in accordance with the terms thereof, or (b) shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set aside exclusively for such payment, (i) moneys sufficient to make such payment or (ii) Government Securities (provided that in either case the Trustee Funding Lender Representative shall have received an opinion of Bond Counsel to the effect that such deposit will not affect the exclusion defeasance of the interest on any of the Bonds from gross income for purposes of federal income taxation or cause any of the Bonds to be treated as arbitrage bonds within the meaning of Section 148(a) of the Code) maturing as to principal and interest in such amounts and at such times as will provide sufficient moneys to make such payment when due, and all necessary and proper fees, compensation and expenses of the Trustee and any Paying Agent pertaining to the Bonds with respect to which such deposit Funding Loans is made and all other liabilities of the Company under the Loan Agreement, pertaining to the Bonds with respect to which such deposit is made, shall have been paid or the payment thereof provided for to the satisfaction of the Trustee. No deposit under (b) above shall constitute such discharge and satisfaction until the Company shall have irrevocably notified the Trustee of the date for payment of such Bond either at maturity or on a date on which such Bond may be redeemed in accordance with the provisions hereof of this Funding Loan Agreement and notice that such defeasance will not adversely affect the exclusion of such redemption interest on the Tax-Exempt Governmental Notes from gross income for federal income tax purposes; and (e) the Fiscal Agent shall have been given received written confirmation that all fees, expenses or irrevocable provisions shall reimbursement of any advances due to the Funding Lender and the Servicer under the Financing Documents have been made for the giving of such notice. The Issuer or the Company may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered hereunder, which the Issuer or the Company may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid and retiredfully paid.

Discharge of Lien. If the Issuer shall pay or cause to be paid to the holders and owners of when the Bonds the principal of and premium, if any, and interest to secured hereby shall become due thereon at the times and payable in the manner stipulated therein, and if the Issuer shall keep, perform and observe all and singular the covenants and promises in the Bonds and in this Indenture expressed as to be kept, performed and observed by it on its part and shall pay or cause to be paid all other sums payable hereunder by the Issuer, and all amounts due the Issuer under the Loan Agreement have been paid, then these presents and the estate and rights hereby granted shall cease, terminate and be void, and thereupon the Trustee shall cancel and discharge the lien of this Indenture, and execute and deliver to the Issuer such instruments in writing as shall be requisite to satisfy the lien hereof, and reconvey to the Issuer the estate hereby conveyed, and assign and deliver to the Issuer any property at the time subject to the lien of this Indenture which may then be in its possession, except moneys or Government Securities held by it for the payment of the principal of and premium, if any, and interest on the Bonds. Any Bond shall be deemed to be paid within the meaning of this Article when payment of the principal of and premium, if any, and interest on such Bond (whether at maturity or upon redemption accordance with their terms as provided in this Indenture, or otherwise), either (a) shall have been made or caused to be made in accordance with and the terms thereof, or (b) shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set aside exclusively for such payment, (i) moneys sufficient to make such payment or (ii) Government Securities (provided that in either case the Trustee shall have received an opinion of Bond Counsel to the effect that such deposit will not affect the exclusion whole amount of the principal and the interest on any so due and payable upon all of the Bonds from gross income for purposes of federal income taxation or cause any of Bonds, together with all other amounts payable hereunder by the Bonds to be treated as arbitrage bonds within the meaning of Section 148(a) of the Code) maturing as to principal and interest in such amounts and at such times as will provide sufficient moneys to make such payment when due, Issuer and all necessary and proper fees, compensation fees and expenses of the Trustee and any Paying Agent pertaining to the Bonds with respect to which such deposit is made and all other liabilities of the Company under the Loan Agreement, pertaining to the Bonds with respect to which such deposit is madeIssuer, shall have been paid be paid, or the payment thereof provided for to the satisfaction of the Trustee. No deposit under (b) above shall constitute such discharge and satisfaction until the Company shall have irrevocably notified the Trustee of the date for payment of such Bond either at maturity or on a date on which such Bond may be redeemed in accordance with the provisions hereof and notice of such redemption shall have been given or irrevocable provisions provision shall have been made for the giving payment of the same, then the right, title and interest of the Trustee in and to the Trust Estate and all covenants, agreements and other obligations of the Issuer to the Bondholders shall thereupon cease, terminate and become void and be discharged and satisfied. In such noticeevent, upon request of the Issuer and subject to the provisions of Section 5.05 hereof, the Trustee shall turn over to the Borrower, so long as there shall have occurred no Event of Default which is uncured and continuing, any surplus in the Bond Fund and all balances remaining in any other fund created under this Indenture and shall assign and transfer to the Borrower all other property then held by the Trustee under this Indenture and shall execute such documents as may be reasonably required by the Issuer. The Issuer or If and when the Company may at any time surrender Trustee shall hold sufficient moneys hereunder, as verified to the Trustee in writing by an Independent public accounting firm of national reputation or other firm similarly experienced in performing such computations, to provide for cancellation payment of the whole amount of the principal and interest due and payable and thereafter to become due and payable upon all the Bonds, together with all other amounts (exclusive of amounts in the Rebate Fund) payable or which may thereafter become payable hereunder by it any the Issuer, notwithstanding that all the Bonds previously authenticated have not yet become due and delivered hereunderpayable and that consequently the right, which title and interest of the Trustee in and to the Trust Estate shall not have ceased, terminated and become void pursuant to the foregoing provisions of this Section 8.01, the Trustee, on demand of the Issuer but subject to the provisions of Section 5.05 hereof, shall turn over to the Borrower, so long as there shall have occurred no Event of Default which is uncured and continuing, or to such person, body or authority as may be entitled to receive the Company same, any surplus in the Bond Fund in excess of the amount sufficient to pay the whole amount of the principal and interest due and payable and thereafter to become due and payable upon all Bonds together with all other amounts payable or which may thereafter become payable hereunder by the Issuer. All Outstanding Bonds shall, prior to the maturity thereof, be deemed to have acquired been paid within the meaning and with the effect expressed above if (a) there shall have been deposited with the Trustee (as verified to the Trustee in any manner whatsoeverwriting by an Independent public accounting firm of national reputation or other firm similarly experienced in performing such computations either (i) moneys in an amount which shall be sufficient, or (ii) Governmental Obligations which are not subject to redemption prior to maturity, the principal of and such Bondsthe interest on which when due will provide moneys which, upon such surrender and cancellationtogether with the moneys, if any, deposited with the Trustee at the same time, shall be sufficient, to pay when due the principal and interest due and to become due on such Bonds on the maturity date thereof, and (b) the Issuer shall have given the Trustee, in form satisfactory to it irrevocable instructions to give, as soon as practicable, a notice to the Holders of such Bonds and the Rating Agency that the deposit required by (a) above has been made with the Trustee and that such Bonds are deemed to have been paid in accordance with this Section and stating such date upon which moneys are to be available for the payment of the principal and interest on such Bonds. Neither the securities nor moneys deposited with the Trustee pursuant to this Section nor principal or interest payments on any such securities shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the principal and interest, on such Bonds; provided that any cash received from such principal or interest payments on such securities deposited with the Trustee, if not then needed for such purpose, shall, to the extent practicable, be reinvested in Governmental Obligations (including any short term investment fund rated “Aaa” or “P-1” by the Rating Agency and secured by and investing solely in Governmental Obligations) maturing at times and in amounts sufficient to pay when due the principal and interest to become due on such Bonds on and prior to such maturity dates thereof, as the case may be, and interest earned from such reinvestment shall be paid over to the Borrower, as received by the Trustee, free and clear of any trust, lien or pledge. The release of the obligations of the Issuer under this Section 8.01 shall be without prejudice to the right of the Trustee provided in Section 10.04 to be paid reasonable compensation for all services rendered by it hereunder and retiredall its reasonable expenses, charges and other disbursements and those of its attorneys, agents and employees, incurred on and about the Issuer of the trust hereby created and the performance of its powers and duties hereunder, and shall not affect the obligations of the Borrower to make the payments required by the Loan Agreement or the Note.

Discharge of Lien. If the Issuer shall pay or cause to be paid, or there shall be otherwise paid or provision for payment made to or for the holders and owners of the Bonds Bonds, of the principal of and principal, premium, if any, and interest due or to become due thereon on the Bonds at the times and in the manner stipulated therein, and if the Issuer shall keep, perform and observe all and singular the covenants and promises in the Bonds and in this Indenture expressed as to be kept, performed and observed by it on its part and shall pay or cause to be paid to the Trustee all sums of money due or to become due according to the provisions hereof, and if all other sums payable hereunder by liabilities of the Issuer, and all amounts due the Issuer Borrower under the Loan Agreement and the Reimbursement Agreement shall have been paidpaid or the payment thereof provided for, then these presents and the estate and rights hereby granted shall cease, terminate determine and be void, and thereupon whereupon the Trustee shall cancel and discharge the lien of this Indenture, Indenture and execute and deliver to the Issuer such instruments in writing as shall be requisite to satisfy cancel and discharge the lien hereof, and reconvey to the Issuer the estate hereby conveyedreconvey, and release, assign and deliver to unto the Issuer any and all the estate, right, title and interest in and to any and all property at conveyed, assigned or pledged to the time Trustee or otherwise subject to the lien of this Indenture which may then be in its possessionIndenture, except (i) amounts in the Bond Fund required to be paid to the Borrower under Section 6.13 hereof and (ii) moneys or Government Securities securities held by it the Trustee for the payment of the principal of of, and premium, if any, and interest on on, the Bonds. Any Bond shall be deemed to be paid within the meaning of this Article when payment of the principal of and premium, if any, and interest on such Bond Bond, plus interest thereon to the due date thereof (whether at such due date be by reason of maturity or upon redemption as provided in this Indenture, or otherwise), either (ai) shall have been made or caused to be made in accordance with the terms thereof, or (bii) shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set aside exclusively for such payment, (i1) moneys Available Moneys certified by an independent certified public accountant to be sufficient to make such payment or (ii2) Government Securities Governmental Obligations purchased with Available Moneys (provided that in either case the Trustee shall have received Borrower delivers to the Trustee, at the Borrower’s expense, an opinion of Bond Counsel upon which the Trustee may rely to the effect that all conditions with respect to such deposit specified in this Article VIII have been satisfied or provision therefor made and that such deposit will not affect the exclusion of the cause interest on any of the Bonds from to be includable for federal income tax purposes in the gross income for purposes of federal income taxation any owner thereof (other than an owner who is a “substantial user” of the Project or a “related person” within the meaning of Section 147(a) of the Code and the applicable Regulations) or cause any of the Bonds to be treated classified as arbitrage bonds (within the meaning of Section 148(a) 148 of the CodeCode and the applicable Regulations)) maturing as to principal and interest in such amounts and at such times as will without reinvestment provide sufficient moneys to make such payment when dueas certified by an independent certified public accountant to be sufficient to make such payment, and all reasonably necessary and proper fees, compensation and expenses (including reasonable attorneys’ fees and expenses) of the Trustee and any Paying Agent pertaining to the Bonds with respect to which such deposit is made and all other liabilities of the Company under the Loan Agreement, pertaining to the Bonds with respect to which such deposit is made, shall have been paid or the payment thereof provided for to the satisfaction of the Trustee. No deposit under (b) above shall constitute At such discharge and satisfaction until the Company shall have irrevocably notified the Trustee of the date for payment of such time as a Bond either at maturity or on a date on which such Bond may be redeemed in accordance with the provisions hereof and notice of such redemption shall have been given or irrevocable provisions shall have been made for the giving of such notice. The Issuer or the Company may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered hereunder, which the Issuer or the Company may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits of this Indenture, except for the purposes of transfer and retired.exchange and of payment from such moneys or Governmental Obligations on the date or dates specified at the time of such deposit. Notwithstanding the foregoing, in the case of Bonds which by their terms may be redeemed prior to the stated maturities thereof, no deposit under clause (ii) of the immediately preceding paragraph shall be deemed a payment of such Bonds as aforesaid until the deposit shall have been made under the terms of an escrow deposit arrangement in form and substance reasonably satisfactory to the Trustee and consistent herewith and until the Borrower, on behalf of the Issuer, shall have given the Trustee, in form satisfactory to the Trustee, irrevocable instructions in writing:

Discharge of Lien. If the Issuer shall pay or cause to be paid, or there shall be otherwise paid or provision for payment made to or for the holders and owners of the Bonds Bonds, of the principal of and principal, premium, if any, and interest due or to become due thereon on the Bonds at the times and in the manner stipulated therein, and if the Issuer shall keep, perform and observe all and singular the covenants and promises in the Bonds and in this Indenture expressed as to be kept, performed and observed by it on its part and shall pay or cause to be paid to the Trustee all sums of money due or to become due according to the provisions hereof, and if all other sums payable hereunder by liabilities of the Issuer, and all amounts due the Issuer Borrower under the Loan Agreement and the Reimbursement Agreement shall have been paidpaid or the payment thereof provided for, then these presents and the estate and rights hereby granted shall cease, terminate determine and be void, and thereupon whereupon the Trustee shall cancel and discharge the lien of this Indenture, Indenture and execute and deliver to the Issuer such instruments in writing as shall be requisite to satisfy cancel and discharge the lien hereof, and reconvey to the Issuer the estate hereby conveyedreconvey, and release, assign and deliver to unto the Issuer any and all the estate, right, title and interest in and to any and all property at conveyed, assigned or pledged to the time Trustee or otherwise subject to the lien of this Indenture which may then be in its possessionIndenture, except (i) amounts in the Bond Fund required to be paid to the Borrower under Section 6.13 hereof and (ii) moneys or Government Securities securities held by it the Trustee for the payment of the principal of of, and premium, if any, and interest on on, the Bonds. Any Bond shall be deemed to be paid within the meaning of this Article when payment of the principal of and premium, if any, and interest on such Bond Bond, plus interest thereon to the due date thereof (whether at such due date be by reason of maturity or upon redemption as provided in this Indenture, or otherwise), either (ai) shall have been made or caused to be made in accordance with the terms thereof, or (bii) shall have been provided for by irrevocably depositing with the Trustee, in trust and irrevocably set aside exclusively for such payment, (i1) moneys Available Moneys certified by an independent certified public accountant to be sufficient to make such payment or (ii2) Government Securities Governmental Obligations purchased with Available Moneys (provided that in either case the Trustee shall have received Borrower delivers to the Trustee, at the Borrower’s expense, an opinion of Bond Counsel upon which the Trustee may rely to the effect that all conditions with respect to such deposit will not affect the exclusion of the interest on any of the Bonds from gross income for purposes of federal income taxation specified in this Article VIII have been satisfied or cause any of the Bonds to be treated as arbitrage bonds within the meaning of Section 148(a) of the Codeprovision therefor) maturing as to principal and interest in such amounts and at such times as will without reinvestment provide sufficient moneys to make such payment when dueas certified by an independent certified public accountant to be sufficient to make such payment, and all reasonably necessary and proper fees, compensation and expenses (including reasonable attorneys’ fees and expenses) of the Trustee and any Paying Agent pertaining to the Bonds with respect to which such deposit is made and all other liabilities of the Company under the Loan Agreement, pertaining to the Bonds with respect to which such deposit is made, shall have been paid or the payment thereof provided for to the satisfaction of the Trustee. No deposit under (b) above shall constitute At such discharge and satisfaction until the Company shall have irrevocably notified the Trustee of the date for payment of such time as a Bond either at maturity or on a date on which such Bond may be redeemed in accordance with the provisions hereof and notice of such redemption shall have been given or irrevocable provisions shall have been made for the giving of such notice. The Issuer or the Company may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered hereunder, which the Issuer or the Company may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits of this Indenture, except for the purposes of transfer and retired.exchange and of payment from such moneys or Governmental Obligations on the date or dates specified at the time of such deposit. Notwithstanding the foregoing, in the case of Bonds which by their terms may be redeemed prior to the stated maturities thereof, no deposit under clause (ii) of the immediately preceding paragraph shall be deemed a payment of such Bonds as aforesaid until the deposit shall have been made under the terms of an escrow deposit arrangement in form and substance reasonably satisfactory to the Trustee and consistent herewith and until the Borrower, on behalf of the Issuer, shall have given the Trustee, in form satisfactory to the Trustee, irrevocable instructions in writing:

Discharge of Lien. If When all principal and Purchase Price of, and interest on, the Bonds have been paid or provision has been made for such payment, and if all obligations owing to the Issuer and the Trustee have been discharged as required by this Indenture, and provided that the Trustee shall pay or cause to be paid have received an opinion of nationally recognized counsel with expertise in bankruptcy matters to the holders and owners effect that the moneys or securities deposited with the Trustee for the purpose of the Bonds paying the principal of and premium, if any, and interest to become due thereon at on the times and Bonds would not constitute a voidable preference under Sections 547 or 544 of the United States Bankruptcy Code in the manner stipulated therein, and if event of the filing of a petition thereunder by or against the Issuer shall keepor the Obligor, perform and observe all and singular the covenants and promises in Security for the Bonds and in this Indenture expressed as to shall be kept, performed and observed by it on its part and shall pay or cause to be paid all other sums payable hereunder by the Issuer, and all amounts due the Issuer under the Loan Agreement have been paid, then these presents and the estate and rights hereby granted shall cease, terminate and be void, and thereupon the Trustee shall cancel and discharge released from the lien of this Indenture, this Indenture shall be discharged upon performance by the Trustee of its final duties hereunder and the Trustee shall execute and deliver to the Issuer such instruments in writing as shall be requisite to satisfy the lien hereofObligor, and reconvey with copies to the Issuer and the estate hereby conveyedBank, such evidences of discharge and satisfaction as may be appropriate in form satisfactory to the Obligor, and shall assign and deliver to the Bank or the Obligor or such other person as shall be entitled to receive the same, all property then in its possession except cash or securities held for payment of principal and Purchase Price of or interest on the Bonds, provided, however, if the Obligor is indebted to the Bank under the Reimbursement Agreement based on a written certificate from the Bank as to the existence of such indebtedness, the Trustee shall not pay any moneys to the Obligor without the prior written consent of the Bank and, after payment in full of all such sums owing to the Trustee, the Issuer any property and the Issuer's Agents shall pay over and assign without recourse to the Bank the Security or such part thereof as the Bank may specify to the Trustee. The principal of and interest on the Fixed Rate Bonds only shall, prior to the maturity or redemption date thereof, be deemed to have been paid within the meaning and with the effect expressed in this Section 304 if (i) there shall have been deposited with the Trustee either Available Moneys in an amount which shall be sufficient, or direct obligations of or obligations the principal and interest of which are unconditionally guaranteed by the United States of America (which have been acquired with Available Moneys) and which do not permit the prepayment thereof at the option of the issuer (herein called "Permissible Securities") the principal of and interest on which when due and without any reinvestment thereof will provide moneys which together with the Available Moneys (if any) deposited with the Trustee at the same time shall be sufficient to pay when due the principal of and interest due and to become due on the Bonds on and prior to the redemption date or maturity date thereof, as the case may be, and (ii) in the event the Bonds are not by their terms subject to redemption within the lien of next succeeding 30 days, the Issuer shall have given the Trustee, in form satisfactory to the Trustee, irrevocable instructions to mail by registered or certified mail, a notice to the Bondholders that the deposit required by clause (i) above has been made with the Trustee and that the Bonds are deemed to have been paid in accordance with this Indenture Section 304 and stating such maturity or redemption date upon which may then moneys are to be in its possession, except moneys or Government Securities held by it available for the payment of the principal of and premium, if any, and interest on the Bonds. Any Bond Neither Permissible Securities nor moneys deposited with the Trustee pursuant hereto nor principal or interest payments on any such securities shall be deemed to withdrawn or used for any purpose other than, and all of the same shall be paid within held in trust for, the meaning of this Article when payment of the principal of and premiuminterest on the Bonds; provided, however, that any cash received from such principal and interest payments on such Permissible Securities deposited with the Trustee if anynot then needed for such purpose shall, to the extent practicable be reinvested in Permissible Securities maturing at times and in amounts sufficient to pay when due the principal of and interest to become due on the Bonds on and prior to such redemption date or maturity date thereof, as the case may be, and interest earned from such reinvestment shall be paid over to the Obligor, as received by the Trustee free and clear of any trust, lien or pledge. The discharge or assignment of lien by the Trustee pursuant to this Section 304 shall not affect the obligation of the Trustee to hold moneys on such deposit in the Bond (whether at maturity Fund or upon redemption the Purchase Fund in exchange for which Bonds have not been presented as provided in Section 115 hereof or any lien or other encumbrance of the Bank with respect to the property of the Obligor. Notwithstanding anything contained in this IndentureIndenture to the contrary, or otherwise)if the Trustee has drawn on the Credit Facility pursuant to Section 803 hereof, either (a) this Indenture and the rights and obligations created hereby shall remain in full force and effect until the proceeds of such draw have been distributed or made or caused available to be made the Bondholders in accordance with the terms thereof, or (b) shall have been provided for by irrevocably depositing with the Trustee, in trust Sections 209 and irrevocably set aside exclusively for such payment, (i) moneys sufficient to make such payment or (ii) Government Securities (provided that in either case the Trustee shall have received an opinion of Bond Counsel to the effect that such deposit will not affect the exclusion of the interest on any of the Bonds from gross income for purposes of federal income taxation or cause any of the Bonds to be treated as arbitrage bonds within the meaning of Section 148(a) of the Code) maturing as to principal and interest in such amounts and at such times as will provide sufficient moneys to make such payment when due, and all necessary and proper fees, compensation and expenses of the Trustee and any Paying Agent pertaining to the Bonds with respect to which such deposit is made and all other liabilities of the Company under the Loan Agreement, pertaining to the Bonds with respect to which such deposit is made, shall have been paid or the payment thereof provided for to the satisfaction of the Trustee. No deposit under (b) above shall constitute such discharge and satisfaction until the Company shall have irrevocably notified the Trustee of the date for payment of such Bond either at maturity or on a date on which such Bond may be redeemed in accordance with the provisions hereof and notice of such redemption shall have been given or irrevocable provisions shall have been made for the giving of such notice. The Issuer or the Company may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered hereunder, which the Issuer or the Company may have acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired604.